RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-00280 COUNSEL: NONE HEARING DESIRED: NO ___________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 2697, Report of Medical Assessment, be replaced with the signed copy. ___________________________________________________________________ APPLICANT CONTENDS THAT: He had been seen by several different doctors depending on the medical issue. It was not unusual to have medical records at different locations due to being seen by specialty clinics. He has the dated version of the DD Form 2697, and filed a claim with the Veterans Affairs (VA), but could not get them to accept the form. The VA will not honor his copy of the DD Form 2697 as they believe it to be a forged document. He believes the outcome of his claim would have been different had they accepted his version of the form. In support of his request, applicant provides a copy of a signed DD Form 2697. His complete submission, with attachment, is at Exhibit A. ___________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 28 Aug 92. He was progressively promoted to the grade of staff sergeant, having assumed that grade effective and with a date of rank of 1 Dec 99. He received an honorable discharge after serving on active duty for 9 years, 11 months, and 8 days. The applicant’s medical records are filed with the VA office. The DD Form 2697 in his medical records is not available. A request for records was sent to the applicant on 30 Apr 09; however, as of 28 Jan 10, the applicant has not responded. ___________________________________________________________________ AIR FORCE EVALUATION: AFMOA/SGAT recommends denial. SGAT states the applicant’s request is untimely due to his medical records being out of the Air Force’s control for so many years. The governing regulation provides specific instructions to correct erroneous data in a medical record; however, he has not provided any supporting documentation to show which copy is the actual correct copy. In addition, the originating practitioner is no longer available to question. The SGAT complete evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 31 Dec 09 for review and comment within 30 days. As of this date, this office has received no response. ___________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. _________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-00280 in Executive Session on 24 Feb 10, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 Jan 09, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFMOA/SGAT, dated 22 Dec 09. Exhibit D. Letter, SAF/MRBR, dated 31 Dec 09. Panel Chair